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(영문) 대구지방법원 서부지원 2020.05.13 2018고단511
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 26, 2017, the Defendant made a false statement to the victim D by phoneing the victim D, stating that “The Defendant would receive wages from the construction site to work together with the land owner at the construction site to be performed in E and would receive wages at the end of the month from E on the face of week.”

However, at the time, the Defendant was not in a situation where he could work at the construction site because his health is not good, and actually did not work and had the intent to use the wage arbitrarily for living expenses, etc. by receiving money from the victim, even if he was paid the wage in advance from the victim, he did not have the intention or ability to receive the wage at other places at the end of the month and pay it to the victim.

The Defendant, from June 26, 2017 to September 25, 2017, received a total of KRW 17.8 million from June 26, 2017 to a single bank G account in the name of the Defendant’s wife, and acquired money by transfer from around 19 times to September 25, 2017.

2. The Defendant had the intent to forge a work certificate as if H, I, and J were to work together with the Defendant at the work site of E in order to deceiving D and to defraud money as stated in the above paragraph (1).

Accordingly, on June 26, 2017, the Defendant: (a) stated “H” in the name column of C’s work confirmation in the C’s certificate; and (b) forged the work confirmation under H’s name; and (c) presented it to D, i4 times from June 26, 2017 to July 20, 2017, as shown in attached Table 2, to forge the documents under the name of the victims and display them to D, who may know of the fact.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant statutory provisions of Article 347(1) of the Criminal Act (Fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment with prison labor for the crime

1. Aggravation for concurrent crimes;

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